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New Mexico Tourism Brand Guideline Agreement

The New Mexico Tourism Department (NMTD) has photography of some of the most widely recognized landmarks in the state, having wide exposure through the New Mexico True campaign. The NMTD is often asked by groups and individuals to use our assets for sponsorship events, promotion, and other programs. The purpose of this asset website is to allow an organization or individual to request a non-exclusive non-transferable limited license for use of a registered mark. It is the NMTD’s sole discretion to provide a license of use.

The NMTD has various trademark assets registered with the United States Patent and Trademark Office. The logos that are federally registered require a circle R (®) designation when used. The wordmarks that are federally registered require a TM (™) designation when used.

The New Mexico True logo is available for use by any State of New Mexico agency in accordance with these guidelines. Violating any guideline, as determined by the NMTD, may result in the immediate termination of the right to use the mark. The request is one year or one-time use without significant changes. If significant changes are made, a new request will need to be submitted. A non-exclusive non-transferable limited license is granted to the Agency; however, the Agency shall not:

  1. Alter the mark in any way.
  2. Use any part of the mark as part of another word.
  3. Redesign, redraw, animate, modify, distort, or alter the proportions of the mark.
  4. Surround the mark with, or place in the foreground over, a pattern or design.
  5. Rotate or render the mark three-dimensionally.
  6. Add words, images, or any other new elements to the mark (Unless pre-approved).
  7. Enclose the mark in a shape or combine it with other design elements or effects.
  8. Modify the size or position relationship of any element within the mark.
  9. Add additional copy to the mark (Unless pre-approved).

 

All other groups or individuals wishing to use a federally registered mark of the NMTD must submit a request to use the mark using this site. Simply design your creative and then submit for approval using this site. By submitting a request to use a federally registered mark of the NMTD, you are agreeing that:

  1. The request is a one-year or one-time use without significant changes. If significant changes are made, a new request will be submitted.
  2. The use of the marks is only for the use described in the request.  Any other use is prohibited and shall constitute an infringement on the NMTD’s intellectual property.
  3. The limited, non-exclusive, non-transferable license is for the sole and exclusive use of the applicant. The applicant may not sub-license the use of the mark without the prior written consent of the NMTD. Any sub-licensing of the mark will result in immediate termination of the license and the applicant must cease all use of the mark.
  4. The applicant will maintain the high quality of the mark and will safeguard the established prestige and goodwill related to the mark at the same level of prestige and goodwill as maintained.
  5. The applicant will take all necessary steps, and all steps reasonably requested by the NMTD, to prevent or avoid any misuse of the mark. 
  6. The applicant is acknowledging that the NMTD is the owner of all rights, title and interest in and to the mark, and any and all forms or embodiments thereof, and is the owner of the goodwill attached to the marks in connection with the services for which the marks have been and may be used.
  7. The applicant will hold harmless the NMTD from any liability that results in any way from the applicant’s use of the marks.
  8. The applicant may not use the mark in any way or for any purpose, which the NMTD, in its sole discretion, determines, has or could have an adverse impact of the State of New Mexico’s reputation or interests. 
  9. The applicant does not allege or assert that the NMTD has an adequate remedy at law, and in addition to other available remedies at law or equity, the NMTD has the right to seek an injunction against the unauthorized use of the mark without posting a bond. 
  10. The license does not create a partnership or agency agreement.  Neither the applicant nor its representatives may hold themselves out to third parties as an agent or representative of the NMTD, nor shall they have any authority to take any action or enter into any agreement on behalf of the NMTD. 
  11. A sample of use will be submitted to the NMTD illustrating how the marks and/or assets will be used.
  12. The applicant shall not:
    1. Alter the mark and/or assets in any way.
    2. Use any part of the mark as part of another word.
    3. Redesign, re-draw, animate, modify, distort, or alter the proportions of the mark.
    4. Surround the mark with, or place in the foreground over, a pattern or design.
    5. Rotate or render the mark three-dimensionally.
    6. Add words, images, or any other new elements to the mark (Unless pre-approved).
    7. Enclose the mark in a shape or combine it with other design elements or effects.
    8. Modify the size or position relationship of any element within the mark.
    9. Add additional copy to the mark (Unless pre-approved).
    10. Sell or resell products or merchandise using the marks, or compete with merchandise offered by or through the NMTD.
  13. Violation of any guideline or representation, as determined by the NMTD, may result in the immediate termination of the right to use the mark.

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